In re Saunders
Feb
17
2011
Ruling
Trustee's objection to debtor's amendment to reflect newly discovered remainder interest in property and motion to close case denied due to policy in favor of expeditious and inexpensive administration and closing of cases.
Procedural posture
After a Chapter 7 debtor amended her schedules to reflect her newly- discovered remainder interest in real property, the Trustee objected to the amendment. The Trustee also filed a motion to close the case and retain jurisdiction over the remainder interest.
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Court
:
- 11 U.S.C.
In re Stambaugh
Sep
17
2010
Ruling
Trustee, in reopened case, authorized to sell interest in property inherited by debtor prior to discharge.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code in March 2004 and received a discharge in August 2004. Nearly six years later, on April 12, 2010, the U.S. Trustee (UST) asked the court to reopen the debtors' case, and after the court granted the UST's motion, the chapter 7 trustee sought permission to sell an interest in real property one of the debtors inherited in May 2004. The debtors opposed the motion.
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Court
:
- 11 U.S.C.
Maxon Engg Servs. V. Mieses (In re Maxon Engg Servs.)
Feb
12
2010
Ruling
Third party complaint against trustee dismissed for lack of standing to extent brought on behalf of estate.
Procedural posture
This case was before the court on the Motion to Dismiss Third-Party Complaint filed by third-party defendant, the chapter 7 Trustee. Third-party plaintiffs (TPPs) filed an opposition to the motion. The Third-Party Complaint alleged that the Trustee breached her duties under 11 U.S.C.S. § 704 in a number of ways.
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Court
:
- 11 U.S.C.
In re Lexington Hearth Lamp & Leisure LLC
Feb
17
2009
Ruling
Trustee not entitled to compensation as attorney for trustee for services falling within scope of trustee duties and not requiring law license.
Procedural posture
These matters were before the Court upon consideration of the respective Applications for Final Allowance of Compensation for Attorney for Trustee filed by the Trustee in each of the referenced chapter 7 cases. The U.S. Bankruptcy Administrator filed an objection to each of the Applications.
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Court
:
Fokkena v. Draisey (In re Draisey)
Oct
16
2008
Ruling
Bankruptcy court erred in applying 30-day limit of 702(b)(2) to bar motion to dismiss under 702(b)(3).
Procedural posture
United States Trustee (UST) appealed a decision of the Bankruptcy Court for the District of Minnesota that denied the UST's motion to dismiss defendant debtors' case pursuant to 11 U.S.C.S. § 707(b)(3)(B).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Blodgett v. Stoebner (In re T.G. Morgan Inc.)
Oct
01
2008
Ruling
Objections to trustee's final report properly overruled where objectors did not have allowed claims and lacked standing.
Procedural posture
Appellant objectors sought review of a decision of the United States Bankruptcy Court for the District of Minnesota, which denied their objections to a final report filed by a chapter 7 trustee and which denied their motion for reconsideration filed under Fed. R. Civ. P. 60(b).
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lassman v. Reilly (In re Feely)
Aug
21
2008
Ruling
Alleged fraudulent transferee and attorney lacked standing to counterclaim against trustee that owed them no statutory duty.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed a complaint against defendants, an attorney and a transferee, and other parties, seeking to avoid a fraudulent transfer of property made to the transferee. The attorney and the transferee answered and filed counterclaims against the trustee, and the trustee filed a motion to dismiss the counterclaims.
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Court
:
- 11 U.S.C.
In re Clark
Jun
27
2008
Ruling
Motion to dismiss for abuse denied as untimely where not filed within ten days of first date set for meeting of creditors.
Procedural posture
The U.S. Trustee moved to dismiss bankruptcy debtors' case for abuse of bankruptcy based on a presumption of abuse under 11 U.S.C.S. § 707(b)(2), based on the totality of the circumstances under § 707(b)(3). The debtors asserted that the motion was untimely since it was not filed within the 30-day period provided in 11 U.S.C.S. § 704(b)(2).
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Court
:
- 11 U.S.C.
In re Belcher
Jun
03
2008
Ruling
Trustee's counsel fees allowed in reduced amount where requested fee was out of proportion to results.
Procedural posture
Before the court was a final application for allowance of attorney's fees to counsel for the chapter 7 trustee in the case of the male debtor. The applicants sought compensation of $ 11,696. The application presented an unusual situation in that the chapter 7 trustee liquidated no assets and made no distribution in this consolidated case.
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Court
:
In re Haugen
May
06
2008
Ruling
Trustee's compensation reduced due to unexcused delays and other failures.
Procedural posture
A Chapter 7 trustee filed his final report and compensation application, to which the debtor and the United States Trustee filed objections. The debtor filed a motion for an order to show cause, which sought sanctions against the trustee and other relief.
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Court
: